Work Place Material Safety Data Sheet

263. (1) Subject to section 271, if an employer produces on a vessel a controlled product other than a fugitive emission, the employer must prepare a work place material safety data sheet in respect of the controlled product that discloses the information required to be disclosed by

(2) Subject to section 271, if an employer receives a supplier material safety data sheet, the employer may prepare a work place material safety data sheet to be used on a vessel in place of the supplier material safety data sheet if

(a) the work place material safety data sheet discloses at least the information disclosed on the supplier material safety data sheet;

(b) the information disclosed on the work place material safety data sheet does not disclaim or contradict the information disclosed on the supplier material safety data sheet;

(c) the supplier material safety data sheet is available for examination by employees on the vessel; and

(d) the work place material safety data sheet discloses that the supplier material safety data sheet is available on the vessel.

(3) The employer must update the work place material safety data sheet

(a) as soon as is practicable in the circumstances but not later than 90 days after the day on which the new hazard information becomes available to the employer; and

(b) at least once every three years.

(4) If the information required to be disclosed by this section is not available to the employer or not applicable to the controlled product, the employer must replace the information by the words “not available” or “not applicable”, as the case may be, in the English version and the words “non accessible” or “sans objet”, as the case may be, in the French version of the material safety data sheet.

Availability of Material Safety Data Sheets

264. (1) Subject to subsection (2), every employer, other than an employer referred to in subsection 262(4), must keep and make readily available for examination on a vessel on which an employee may handle or be exposed to a controlled product a copy in English and in French of

(a) the work place material safety data sheet, in the case of an employer who is an employer referred to in subsection 263(1) or (2); and

(b) the supplier material safety data sheet, in any other case.

(2) An employer may make an electronic version of the material safety data sheet available in English and in French for examination by employees and by the work place committee or the health and safety representative, as the case may be, by means of a computer terminal if the employer

(a) takes all reasonable steps to keep the terminal in working order;

(b) provides the training referred to in paragraph 253(2)(d) to the employees and to the work place committee or the health and safety representative, as the case may be; and

(c) on the request of an employee, the work place committee or the health and safety representative, as the case may be, makes the material safety data sheet readily available to the employee, the work place committee or the health and safety representative.